MOON v. WEBBER OIL COMPANY et al, No. 1:2007cv00126 - Document 31 (D. Me. 2008)
Court Description: ORDER ON REPORT AND RECOMMENDED DECISION for 12 Motion to Dismiss filed by WEBBER GROUP OF COMPANIES, WEBBER OIL COMPANY, WEBBER ENERGY FUELS-PORTLAND, 23 Report and Recommended Decision. By JUDGE JOHN A. WOODCOCK, JR. (MFS)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE CYNTHIA MOON as Personal Representative of the Estate of Charles Edward Moon, Plaintiff, v. WEBBER OIL COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CV-07-126-B-W ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objection having been filed to the Magistrate Judge s Recommended Decision (Docket #23) filed January 10, 2008, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Motion to Dismiss certain remedies (Docket # 12) be and hereby is GRANTED, IN PART, to the limited extent that the parties agree that the claim for punitive damages under the ADA does not survive the Plaintiff s death. In all other respects, the Motion to Dismiss is DENIED. SO ORDERED. /s/ John A. Woodcock, Jr.___________ JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 5th day of February, 2008
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